We Demand An Investigation into the Wrongful Conviction of Kerry Baxter Senior

We the undersigned Petitioners, are seeking a County, State and Federal Investigation into the Trial and Conviction of Kerry Baxter Senior. The Trial took place in the Superior Court of California of Alameda County California. The trial was held in Oakland California where at least 50% of the population are of color. Yet the jury which convicted Kerry was all White. We are demanding the overturning of this Wrongful Conviction. This petition is to be delivered to the USDOJ to the Attention of Attorney General Eric Holder and to California Attorney General Kamala Harris. This Petition will also be delivered to the Office of the District Attorney of Alameda County, to the attention of Nancy E. O’Malley. This Miscarriage of Justice has caused untold harm to a family that is close knit and loving.

In her book, The New Jim Crow Michelle Alexander refers to the explosion of Black males in Prison. Kerry Baxter fits in this category of overcharged black males, whose rights are non existent in our courts. During his trial for 2nd Degree Murder his (Kerry Baxter's), right to a fair trial was violated. This was a case of malicious prosecution, in which the Deputy DA, and Homicide Detective had knowledge of his innocence.

This is a case which should not have gone to trial, since there is compelling evidence of his innocence. The evidence was collected by Oakland Police and made available to the District Attorney's Office. In December of 2003, Kerry Baxter Senior a thirty-three year old African American Male, was sentenced to 66 years to life in Alameda County Superior Court. The evidence withheld by Deputy District Attorney Colleen McMahon and Homicide Detective Brian Madeira include GSR Tests given to Jahmani Jones, and depositions of witnesses to what happened that night.

The homicide took place on March 30, 2001, in front of the Martinique Bar, in East Oakland California (on MacArthur Blvd, which runs East & West). However, Kerry Baxter (Thirty-Three Years), and Jahmani Jones (Twenty-One Years), were standing on Maple Street (which runs North and South), South of MacArthur Blvd. near Georgia (which runs East and West), more than a block away from the scene. The Martinique Bar is located on MacArthur Boulevard, which intersects with Maple Street. The bar door is Catacorner to MacArthur and Maple Street. Kerry had stepped outside of the bar, at the request of Jahmani and several of his friends. The group crossed MacArthur, and went down Maple Street where Jahmani accused Kerry of talking about him. He stated that Kerry told someone he (Jahmani), shot out the back window of his (Kerry), SUV.

The incident took place in November of the previous year, and the window had been replaced. Witnesses said they could see that Jahmani was agitated as his arms were moving up and down. That night Jahmani pulled out a gun, and shot at Kerry and he (Kerry) pulled out a gun and returned fire, hitting Jahmani in his left foot. Both then fled in opposite directions, Kerry away from the Martinique and down Georgia Street, and Jahmani towards the Martinique and East on MacArthur Blvd. Kerry stated that the other men (who had accompanied Jahmani), were still shooting at him as he ran down Georgia.

At the same time as this altercation, 911 calls were going into the OPD stating that a there was a drive by, and some men in a Cadillac had shot a man standing in front of the Martinique Bar. An Alameda County Sheriff's Report States, "Blake is believed to have been sitting in the front passenger seat of a Jaguar "Vandon Plus" model, California License 2GJK459 with Rendy Eugene McCon when an unidentified person (s), approached the vehicle and opened fire." This fits with the Coroners description of the Victims wound, which states that he was shot in his left Clavicle from a Downward Projectile. The Officers themselves stated that they found shell casings at the Crime Scene (in front of the Martinique). Kerry and Jahmani Jones were involved in an altercation down the street when Blake was shot. Later, they recanted the first description of the incident and said Blake was NOT the man in the car. In yet another deposition a witness stated that she saw a Cadillac Drive by and shoot at the victim. She said the Cadillac continued down MacArthur Blvd., but she did not see who was in the car. She was sitting in her friends car and her friend also gave a deposition stating that someone was shooting from a Cadillac that night.

These were separate incidents, not related until DA McMahon and OPD Detective Brian Madera were involved. Later that evening Jahmani Jones was questioned by Detectives at Highland Hospital and a GSR Test was Administered. Jones later stated, that he had never fired a gun that night or before that night (even though he was on parole on a gun charge in Merced County). The Officers stated that Jones waived his, "Right To Be Silent." The DA Colleen McMahon gave Jones Blanket Immunity to testify against Kerry Baxter in a case that involved neither one of them. In the meantime he was given a Lie Detector Test (which showed Deception), and a GSR Test was taken. The GSR Test was not presented in Court by the DA or the Defense.

The descriptions of Anthony Blakes shooting vary, but none of them implicate Kerry nor Jahmani. Sergeant Brian Madeira and Deputy DA, Colleen McMahon gave a scenario in which Kerry Baxter's one Bullet Ricocheted over a block away and hit the victim in the chest. The Coroners Report shows the bullet hitting the victims’ left clavicle and traveling in a downward projectile. This would only be possible if someone shot him from above and he was in a sitting position. The bullet that hit Jahmani Jones foot shattered when it hit the sidewalk and the fragments were there for the Officers to see.

The arrest of Kerry and subsequent trial was played up by the Oakland Tribune, which characterized Kerry as a Gang Member and Drug Dealer, whose victims included Jahmani Jones. Prior to the trial Kerry was offered a Plea Deal of forty years which he refused. He stated that he would not plead guilty to a crime he did not commit. The Deputy DA (Colleen McMahon), was upset and stated that they would throw the book at him, and they carried through on the threat.

Before the incident Kerry was a Journey Level Carpenter and a member of the Carpenters Union. He is also a Journey Level Machinist and worked for the Naval Medical Center for many years. He was about to go to work on the Bay Bridge as a Pile Driver. He was the father of two sons, and a daughter and was very involved in their lives.

The trial was a modern day lynching with the Victims family so upset they could not contain themselves in court. They were being stoked by the DA and Police and even threatened to kill members of Kerry's family. The all white jury found Kerry guilty of 2nd degree murder and Judge Horner sentenced him to the maximum 66 years to life. It is worth noting that the presiding Judge (Judge Horner), also oversaw the trial of the Oakland Knight Riders a group of Oakland Police Officers accused of beating and robbing African American males. Although Maderia was not tried as a Knight Rider, there are African American Males in West Oakland, who remember him as one of those who assaulted them. In all probablility he has a relationship with Judge Horner that goes well beyond testi Lying in Court. The Riders Trial resulted in a Hung Jury and charges were dropped against the Officers.

Other examples of Misconduct the Court:

• Jahmani Jones perjured himself in court o He denied that he received immunity from persecution o He stated that he had never held or fired a gun o He denied that he was on Parole the night of the incident

• The Presiding Judge Jeffery Horner refused to recuse himself, although he knew the victim, Anthony Blake. In fact, Mr. Blake had previously sat in on a Death Penalty case, presided over by Judge Horner.

• Kerry’s girlfriend Lawana Wyatt did not show up to testify against him, but her testimony was used by during the Trial. The District Attorney told the jury that Kerry Baxter threatened Ms. Wyatt and that is why she did not testify against him. The DA had no knowledge or proof that Kerry Baxter had threatened Ms. Wyatt.

• Kerry’s attorney, Richard Hove was suspended and on probation while representing him. His mother paid Hove $15,000 to represent Kerry, and he received $800 from Kerry. Hove did not disclose that his father was a judge and a friend to the Judge on Kerry’s case, Geoffrey Horner. Judge Horner knew, or should have known of the status of Richard Hove, who was disbarred in 2008. It is also worth noting that Judge Horner was friends with Richard Hoves' father, who had been a Judge in the same Courthouse.

• Detective Brian Madeira was allowed to use a replica of a gun to show to the jury, and represent it as a gun Kerry used. He also did not turn over the Gun Shot Residue (GSR), and other forensic evidence, which was administered to Jahmani Jones the night of March 30, 2001.

This was a misuse of public funds by those sworn to uphold the law and we are calling for a judicial misconduct hearing. The only protection citizens have are those provided by the Constitution, which guarantee every citizen the right to a fair trial. Kerry Baxter's Constitutional Rights were violated, in that he did not have; The Right to Confront his Accuser; The Right to have a Jury of his Peers weigh the charges against him; an impartial Court to hear his case.

It is important that we support the Rights of Every American, whether it is the Second, fourth, or thirteenth Amendment. We are not asking for anything extraordinary in the case of Kerry Baxter Senior. The person who shot and killed Anthony Blake is still out there. In this case there is no justice for the Victim and an innocent man is in prison.

Although this seems to be a lot there is much more to the abuse and harrassment suffered by Kerry and his family! We are asking for Justice for Kerry and relief for our family. We have a right to live as Free Persons in Our Own Country!

This petition was delivered to:

United States Department of JusticeAssistant Attorney General, Thomas Perez